• March 22, 2018

    NY Restaurateur Sues 'Copycat' Chicago Wine Bar Over TM

    The owner of six Italian restaurants and wine bars in New York City sued two former employees in Illinois federal court Thursday, alleging the pair opened a "copycat" wine bar in Chicago in violation of the New York restaurants' trademarks on design and menu. 

  • March 22, 2018

    Hotel Co. Broke Consumer Report Rules, Job Seekers Claim

    Hospitality company Naples Hotel Group LLC on Wednesday moved to Florida federal court a proposed class action accusing it of obtaining consumer reports about job applicants and illegally using them to make hiring and firing decisions in violation of the Fair Credit Reporting Act.

  • March 22, 2018

    Expedia, Others Join Bid To Toss Overcharging Suit

    Hotel booking websites Expedia Inc., LP and Travelscape LLC on Thursday urged a South Carolina court to throw out a proposed class action alleging they overcharged state residents for taxes and fees, saying the court has no jurisdiction over the matter.

  • March 22, 2018

    TGI Friday's Workers' Attys Want One-Third Of $19.1M Deal

    Outten & Golden LLP and Fitapelli & Schaffer LLP on Wednesday requested $6.36 million in fees and nearly $300,000 in costs as part of a $19.1 million settlement ending a wage class action against restaurant chain TGI Friday’s Inc. in New York federal court.

  • March 22, 2018

    Jimmy John's Tries To Toss Franchise Noncompetes Row

    Fast-food sandwich chain Jimmy John’s on Wednesday asked an Illinois federal court to toss a putative class action alleging nonsolicitation and no-hire agreements between its franchises violate antitrust laws, saying the plaintiff doesn’t have standing to sue and the agreements clearly serve a viable, pro-competitive purpose.

  • March 22, 2018

    Real Estate Rumors: MetLife, Beckam, Valley National Bank

    MetLife has reportedly loaned $277 million for a Boston office tower; David Beckham is said to be considering sites near a casino, hospital and golf course as possible locations for his Miami soccer stadium project; and Valley National Bank has reportedly loaned $13 million for a Florida self-storage construction project.

  • March 22, 2018

    Judge Won’t DQ Proskauer, Rips Hotelier For ‘Playing Games’

    A New York state judge rejected a Manhattan hotel investor’s effort to disqualify Proskauer Rose LLP from representing the other side in an arbitral dispute over planned renovations Thursday, saying he was not going to “play games” with the investor’s lawyers if they would not answer his questions.

  • March 22, 2018

    Budget Bill Won't Let Businesses Keep Workers' Tips

    The federal spending bill that passed the U.S. House of Representatives Thursday includes a provision that would block the part of the U.S. Department of Labor's controversial tip pooling rule that lets employers keep workers' tips.

  • March 22, 2018

    HomeAway Challenging Santa Monica License Law In 9th Circ.

    HomeAway gave notice Wednesday to the Ninth Circuit that it is appealing a lower court decision denying its and Airbnb’s bid to stop enforcement of a Santa Monica, California, ordinance requiring residents using the home-sharing websites to be licensed.

  • March 21, 2018

    No Trip, No Contract, Customer Says In Cruise Suit

    A customer argued Tuesday that Royal Caribbean Cruises Ltd. cannot point to a class action waiver in her ticket contract to dismiss her proposed class suit because the cancellation of her cruise due to Hurricane Harvey meant the contract was never enacted.

  • March 21, 2018

    Mich. Appeals Court OKs $246K Jury Award In Arena Fall

    A Michigan appeals court on Tuesday confirmed a $246,591 jury award against Olympia Entertainment Inc., the concessions provider at the former Joe Louis Arena in Detroit, for injuries sustained by a patron who tripped over a cart being pushed by an employee at the arena.

  • March 21, 2018

    Deals Rumor Mill: L Catterton, ILG, Vale

    Private equity firm L Catterton’s bid to buy Airxcel is reportedly supported by $540 million in loans, vacation services company ILG Inc. is in talks to merge with an Apollo Global-owned timeshare company, and a trove of pension funds might sell part of their stakes in Vale SA.

  • March 21, 2018

    Pa., W. Va. Regulators Sign Off On $2.8B Casino Merger

    Penn National Gaming Inc. received approval Wednesday from Pennsylvania and West Virginia regulators for its planned $2.8 billion acquisition of Pinnacle Entertainment Inc., the company said in a public announcement.

  • March 21, 2018

    Attys In Chipotle OT Suit Want Contempt Finding Stayed

    Attorneys who were held in contempt for filing an overtime pay suit against Chipotle based on a rule a Texas federal judge had blocked asked the judge Tuesday to stay the contempt order while they appeal to the Fifth Circuit.

  • March 21, 2018

    Feds, Tribe Urge DC Circ. Not To Rethink Casino Ruling

    The federal government and the North Fork Rancheria of Mono Indians each urged the D.C. Circuit on Tuesday not to reconsider its decision to affirm a lower court ruling tossing a challenge to the tribe's proposed California casino, saying a nonprofit group hadn’t shown there was any need for an en banc rehearing.

  • March 21, 2018

    NJ Judge Trims Bias Suit By McDonald's Franchisee

    A New Jersey state court judge has trimmed allegations in a McDonald’s restaurant operator’s lawsuit alleging the fast-food corporation is forcing out older franchisees by undermining their expansion opportunities, but ruled that a discrimination claim in the suit can still proceed.

  • March 21, 2018

    Marriott Hit With Sanctions Bid In Timeshare Condo Suit

    A proposed class of timeshare owners alleging Marriott Vacations Worldwide Corp. caused the value of their ownership interests in a Ritz-Carlton Club condominium in Aspen to decline drastically and become unmarketable asked a Colorado federal court Tuesday to sanction Marriott, saying the company has failed to comply with a discovery order.

  • March 21, 2018

    Law360's Hospitality Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2018 Hospitality editorial advisory board.

  • March 20, 2018

    DOL's Tip Guidance Protects Workers' Wages, 9th Circ. Told

    Waiters, bartenders and other service workers told the en banc Ninth Circuit on Tuesday that they’re underpaid for tasks that don’t garner tips, saying a three-judge panel erred in favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance on minimum wage exemptions for tipped employees.

  • March 20, 2018

    Air Charter Co. Founders Stole Passenger Payments, Jury Told

    A prosecutor told a New Jersey federal jury Tuesday that two co-founders of a defunct public air charter operator stole millions in passenger payments by lying and falsifying documents, but defense counsel said the onetime executives legitimately sought money that was owed to the company.

Expert Analysis

  • Texas High Court Ruling On Patent Agents May Be Influential

    Perry Napolitano

    The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have been using this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Betting On Change: States Plan For Sports Gambling Decision

    Aaron Swerdlow

    If New Jersey wins its sports betting case at the U.S. Supreme Court, expect many states to implement new legislation legalizing sports betting and industry regulation. If New Jersey does not win, it will anger many state legislators that were preparing to implement their own legislation, says Aaron Swerdlow of Gerard Fox Law PC.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Are Orders Denying Class Cert. Appealable In PAGA Cases?

    Felix Shafir

    For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • How To Negotiate Wireless Infrastructure Agreements

    Walt Sapronov

    When negotiating shared wireless infrastructure contracts in large venues, sponsors should pay close attention to technology specifications, upgrades and interference protection, say Walt Sapronov and Kenneth Klatt of Sapronov and Associates PC.

  • Tax Planning In The Age Of Tax Reform: Part 2

    Ellen McElroy

    Businesses face challenges in implementing the Tax Cuts and Jobs Act, especially given its size and scope and the ambiguities that remain regarding its application. Unfortunately, if administrative guidance and technical corrections are not issued soon, companies may lose valuable rights, say attorneys with Eversheds Sutherland LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.